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Allstate Insurance Co. v. Boynton

Supreme Court of Florida
486 So.2d 552 (1986)


Richard Boynton (plaintiff) worked as an auto mechanic for Sears, Roebuck & Company (Sears). While working, Boynton was injured when he was struck by a car that a fellow employee, James Luke, was repairing. The car was leased to Xerox Corporation (Xerox). Boynton sued Sears, Xerox, and Luke but voluntarily dismissed the case against Sears for statutory reasons. The trial court granted summary judgment in favor of Xerox. Boynton attempted to get damages under Luke’s insurance policy. Boynton’s request was denied because Luke’s policy excluded coverage for injuries occurring during the pursuit of business. Boynton then amended his complaint to allege that Luke was uninsured. He sought recovery from Allstate Insurance Co. (Allstate) (defendant) under Boynton’s own uninsured-motorist policy (UM) with Allstate. The trial court granted summary judgment in favor of Allstate. Boynton prevailed on appeal, and Allstate sought a review of the appellate court’s decision.

Rule of Law


Holding and Reasoning (Ehrlich, J.)

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